JOSEPH SKITZKI V MELISSA NEAL
Motion No: CA 18-00762, CA 18-00763, AND CA 18-02301
Slip Opinion No: 2019 NY Slip Op 68733(U)
Decided on April 23, 2019
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


April 23, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 18-00762, CA 18-00763, AND CA 18-02301

JOSEPH SKITZKI, PLAINTIFF-RESPONDENT,

V

MELISSA NEAL, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeals taken herein from an order and a judgment of the Supreme Court, Erie County, entered December 19, 2017 (docket No. CA 18-00762), and December 29, 2017 (docket No. CA 18-00763), and for an extension of time to perfect the appeal taken herein from the order entered July 26, 2018 (docket No. CA 18-02301),

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeals taken from an order and a judgment entered December 19, 2017, and December 29, 2017, on the condition that appellant perfects the appeals on or before May 20, 2019, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal from the order entered July 26, 2018, and appellant shall perfect the appeal on or before May 20, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 23, 2019

Mark W. Bennett

Clerk of the Court